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The Daily Journal of the United States Government

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Notice

New York State Electric & Gas Corporation; Notice of Filing February 14, 1995. Take notice that on February 14, 1995, New York State Electric & Gas Corporation (NYSEG), filed a Petition, for Declaratory Order, Complaint, and Request for Modification of Rates in Power Purchase Agreements Imposed Pursuant to the Public Utility Regulatory Policies Act of 1978 (Petition). The Petition requests that this Commission: (1) issue a declaratory order providing that the Public Utility Regulatory Policies Act of 1978 (PURPA) prohibits NYSEG from being required to pay rates in excess of its avoided cost for energy purchased from Lockport Energy Associates, L.P. (Lockport) and Saranac Power Partners, L.P. (Saranac) under power purchase agreements mandated pursuant to PURPA; (2) promptly take action to modify the rates under the Lockport and Saranac agreements to insure compliance with PURPA's avoided cost rate ceiling; or (3) refer this matter to the New York Public Service Commission (NYPSC) with a declaration that the Commission invests the NYPSC with the authority and obligation to modify the agreements to conform them to PURPA's rate standard. NYSEG asserts that its agreements with Lockport and Saranac require NYSEG to purchase energy at rates in excess of its avoided cost, in violation of PURPA's avoided cost rate standard, that such rates have never been acceptable to NYSEG, and that NYSEG entered into its agreements with Lockport and Saranac only after being ordered to do so by the NYPSC. Any person desiring to be heard or to protest said filing should file a motion to intervene or protest with the Federal Energy Regulatory Commission, 825 North Capitol Street, NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 18 CFR 385.214). All such motions or protests should be filed on or before March 7, 1995. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make [[Page 9678]] protestants parties to the proceeding. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection. Lois D. Cashell, Secretary. [FR Doc. 95-4104 Filed 2-17-95; 8:45 am] BILLING CODE 6717-01-M